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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
carfentanil; fentanyl; threshold amount; minors
(NOW: carfentanil; fentanyl; minors; penalties)
Purpose
Classifies manufacturing carfentanil, fentanyl or mimetic substances under circumstances that cause physical injury to a minor under 15 as a class 2 felony and makes an offense punishable as a dangerous crime against children (DCAC).
Background
A person who is at least 18 years old or who has been tried as an adult and has been convicted of a DCAC in the first degree, involving various offenses against a minor under 12 years old, or a minor who is 12, 13 or 14 years old, may be sentenced to a presumptive term of imprisonment of 20 years for a first offense. For a repeat offense where the child was 12, 13 or 14 years old the offender may be sentenced to a presumptive term of imprisonment of 30 years (A.R.S. § 13-705).
A person who is convicted of possession for sale, administration or transportation for sale of narcotic drugs in excess of the threshold amount is guilty of a class 2 felony, which carries a presumptive term of imprisonment of five years, and the person is not eligible for suspension of the sentence, probation, pardon or release, with some exceptions. A person convicted of manufacturing a narcotic drug is subject to the same penalties, except that the amount of the drug involved need not exceed the threshold amount (A.R.S. § 13-3408).
The Joint Legislative Budget Committee (JLBC) fiscal note indicates that S.B. 1027 would increase costs for the Arizona Department of Corrections, Rehabilitation and Reentry by extending the time the individuals convicted of crimes serve in state prison. The fiscal impact would depend on how many individuals are charged under the revised sentencing guidelines, but the magnitude of the cost is unable to be estimated due to a lack of information (JLBC fiscal note).
Provisions
1. Prohibits a person from knowingly manufacturing carfentanil, fentanyl or fentanyl mimetic substances under any circumstance that causes physical injury to a minor under 15 years old.
2. Classifies a violation as a class 2 felony, punishable as a DCAC.
3. Requires a person who is at least 18 years old or tried as an adult and convicted for a DCAC in the first-degree involving the manufacture of carnfentanil, fentanyl or fentanyl mimetic substances under circumstances that cause physical injury to a minor under 12 years old, or to a minor who is 12, 13 or 14 years old, to be sentenced as follows, if a life sentence is not imposed:
a) 13 years minimum;
b) 20 years presumptive; or
c) 27 years maximum.
4. Establishes the following sentencing terms for a person convicted of possession for sale, manufacture, administration or transportation for sale of heroin, carfentanil, fentanyl or fentanyl mimetic substances:
a) 5 calendar years minimum;
b) 10 calendar years presumptive; or
c) 15 calendar years maximum.
5. Stipulates that, if a person has been previously convicted of a narcotic violation as outlined above or previously convicted of a manufacturing violation that causes physical injury to a minor under 15 years old, the person must be sentenced as follows:
a) 10 calendar year minimum;
b) 15 calendar years presumptive; or
c) 20 calendar years maximum.
6. Requires the amount of drugs involved in a narcotic manufacturing violation that does not involve heroin, carfentanil, fentanyl or fentanyl mimetic substances to exceed statutory threshold amounts in order for the person to not be eligible for suspension of sentence, probation, pardon or release, unless certain exceptions apply.
7. Allows the presumptive terms of imprisonment for narcotic manufacturing violations to be mitigated or aggravated.
8. Adds manufacturing carfentanil, fentanyl or mimetic substances under circumstances that cause physical injury to a minor to the list of offenses classified as DCACs.
9. Makes technical and conforming changes.
10. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
· Removes modifications to statutory drug threshold amounts from the bill.
Senate Action
JUD 1/19/23 DPA 6-1-0
3rd Read 2/14/23 21-8-1
Prepared by Senate Research
January 17, 2023
ZD/sr